Li v R [2023] NSWCCA 112

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Li v R [2023] NSWCCA 112 Hearing dates: 21 April 2023 Date of orders: 24 May 2023 Decision date: 24 May 2023 Before: Davies J at [1] Fagan J at [2] Yehia J at [4] Decision: (1) Leave to appeal is granted (2) The appeal is allowed (3) The sentence imposed on the applicant by Latham ADCJ in the District Court on 27 May 2022 is set aside, in lieu thereof: (a) Impose an aggregate sentence of 7 years imprisonment to commence on 3 February 2022 and expire on 2 February 2029 (b) Pursuant to s 44(2A) of the Crimes (Sentencing Procedure) Act 1999 (NSW), set a non-parole period of 4 years and 6 months imprisonment (c) Specify that the earliest date the applicant will be eligible to be released on parole is 2 August 2026 Catchwords: CRIME — APPEALS — Appeal against sentence — Supply prohibited drugs — Directing activities of a criminal group — Sentencing judge failed to assess whether applicant unlikely to re-offend — Where issue was addressed by evidence and in written submissions — Whether the finding of reasonable prospects of rehabilitation encompassed unlikelihood of re-offending — Error established — Applicant re-sentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 21A(2), 21A(3), 21A(3)(g), 21A(3)(h), 44(2A), 53A(2)(b) Crimes Act 1900 (NSW) ss 93T(4A), 193C(1) Criminal Appeal Act 1912 (NSW) s 5(1)(c) Drug Misuse and Trafficking Act 1985 (NSW) ss 25(1), 25(2) Weapons Prohibition Act 1998 (NSW) s 7(1) Cases Cited: Baker v R [2022] NSWCCA 195 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Meoli v R [2021] NSWCCA 213 TL v R [2020] NSWCCA 265 Zuffo v R [2017] NSWCCA 187 Category: Principal judgment Parties: Hui Li (Applicant) Rex (Respondent) Representation: Counsel: I Lloyd KC (Applicant) E Wilkins (Respondent) Solicitors: George Sten & Co (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2020/00181294 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 27 May 2022 Before: Latham ADCJ File Number(s): 2020/00181294